mitigating evidence instruction (Texas) · Go Syfert
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mitigating evidence instruction in Texas

9 Texas opinions name it 2 courts 1994–2015 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Ex Parte Valdezgreen
texcrimapp · 2004 · cited in 3 Texas opinions naming this issue, 2008–2008
2 sentences

2008See Perry v. State , 158 S.W.3d 438 , 449 (Tex. Crim.

2008See Perry v. State, 158 S.W.3d 438, 449 (Tex.Crim.App.2004).

33
Russeau v. Stategreen
texcrimapp · 2005 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015App. 2010) (addressing the mitigating-evidence instruction and the “10-12 rule”); Russeau v. State, 171 S.W.3d 871, 886 (Tex. Crim.

11
Jurek v. Texasgreen
scotus · 1976 · cited in 1 Texas opinions naming this issue, 2002–2002
2 sentences

2002See Jurek v. Texas, 428 U.S. 262 , 96 S.Ct. 2950 , 49 L.Ed.2d 929 (1976).

2002See Jurek v. Texas, 428 U.S. 262 , 96 S.Ct. 2950 , 49 L.Ed.2d 929 (1976).

11
Richardson v. Stategreen
texcrimapp · 1994 · cited in 1 Texas opinions naming this issue, 1997–1997
2 sentences

1997Richardson v. State, 901 S.W.2d 941, 942 (Tex.Crim.App.1994), cert. denied, ___ U.S. ___, 115 S.Ct. 2617 , 132 L.Ed.2d 859 (1995).

1997Richardson v. State, 901 S.W.2d 941, 942 (Tex.Crim.App.1994), cert. denied, — U.S. -, 115 S.Ct. 2617 , 132 L.Ed.2d 859 (1995).

11
Penry v. Lynaughred
scotus · 1989 · cited in 1 Texas opinions naming this issue, 1996–1996
2 sentences

1996But even with this legislative response to Penry, Texas’ death penalty scheme continues to narrow the class of “death-eligible” defendants while also providing a jury with more discretion than it had under Texas’ prior statutory scheme “to decline to impose the death penalty.” See Penry, 492 U.S. at 327, 327 , 109 S.Ct. at 2945-52, 2951 (“ ‘in contrast to the carefully defined standards that must narrow a sentencer’s discretion to impose the death sentence, the Constitution limits a State’s ability to narrow a senteneer’s discretion to consider relevant evidence that might cause it to decline

1996But even with this legislative response to Penry, Texas’ death penalty scheme continues to narrow the class of “death-eligible” defendants while also providing a jury with more discretion than it had under Texas’ prior statutory scheme “to decline to impose the death penalty.” See Penry, 492 U.S. at 327, 327 , 109 S.Ct. at 2945-52, 2951 (“ ‘in contrast to the carefully defined standards that must narrow a sentencer’s discretion to impose the death sentence, the Constitution limits a State’s ability to narrow a senteneer’s discretion to consider relevant evidence that might cause it to decline

11
Hughes v. Stategreen
texcrimapp · 1994 · cited in 1 Texas opinions naming this issue, 1995–1995
1 sentence

1995See Hughes v. State, 897 S.W.2d 285, 301 (Tex.Crim.App.1994) (need not address complaint as to mitigating evidence charge since defendant was not entitled to mitigating evidence charge).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Strickland v. Washington green
scotus · 1984
1 sentence

2015App. 2005) (addressing the “10-12 rule”). 49 466 U.S. 668 (1984).

12015–2015
Guinn v. Hesse green
scotus · 1995
2 sentences

1997Richardson v. State, 901 S.W.2d 941, 942 (Tex.Crim.App.1994), cert. denied, ___ U.S. ___, 115 S.Ct. 2617 , 132 L.Ed.2d 859 (1995).

1997Richardson v. State, 901 S.W.2d 941, 942 (Tex.Crim.App.1994), cert. denied, — U.S. -, 115 S.Ct. 2617 , 132 L.Ed.2d 859 (1995).

11997–1997
Rios v. State green
texcrimapp · 1992
1 sentence

1994The instruction given was nearly identical to the instruction approved of in Fuller, 829 S.W.2d at 209 . 16 Appellant relies on Rios v. State, 846 S.W.2d 310 (Tex.Crim.App.1992), as authority.

11994–1994
Fuller v. State green
texcrimapp · 1992
1 sentence

1994The instruction given was nearly identical to the instruction approved of in Fuller, 829 S.W.2d at 209 . 16 Appellant relies on Rios v. State, 846 S.W.2d 310 (Tex.Crim.App.1992), as authority.

11994–1994

Statutes the citing opinions construe

TX § Tex. Penal Code § 19.03 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 9 (1994–2015) CA 2 (1991–2001) MO 2 (2010–2010)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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